Nassau County Premises Liability Lawyer
Representing Injury Victims in Nassau County, NY
Whether you are at the store, at work, or on someone else's property, you have the right to be safe. This means you should be protected from preventable hazards and warned about potential dangers. Unfortunately, property owners and managers do not always fulfill their duty to protect others.
When you are injured on someone else's property, you have the right to file a claim against the property owner or manager to recover compensation for your damages. At Sutton & Smyth, LLP, we can help you navigate the process of filing a premises liability claim and fight for the fair recovery you are owed.
What is a Premises Liability Claim?
A premises liability claim is a type of personal injury lawsuit that is filed against a negligent property owner or manager. These claims are based on the legal theory of negligence and require the plaintiff to prove that the property owner or manager failed to uphold the applicable duty of care, which directly caused the plaintiff to suffer damages.
In order to establish negligence in a premises liability case, you must prove the following elements:
- The property owner or manager owed you a duty of care
- The property owner or manager breached this duty of care
- The breach of duty caused or contributed to the accident
- You suffered actual damages as a result of the accident
Property owners and managers must maintain their property in a reasonably safe condition and take certain precautions to protect others from foreseeable harm. When they fail to do so, they can be held liable for any resulting injuries and damages.
Types of Premises Liability Cases We Handle
Common types of premises liability cases include:
- Slip and Fall Accidents: These occur when a person slips, trips, or falls due to a hazardous condition on the property, such as wet floors, uneven surfaces, or poorly maintained walkways.
- Trip and Fall Accidents: Similar to slip and fall cases, trip and fall accidents happen when someone trips over an obstacle or uneven surface on the property, like a broken sidewalk, loose carpeting, or debris.
- Inadequate Security: Property owners may be liable if a person is assaulted or injured due to inadequate security measures on the premises. This is often applicable to places like parking lots, hotels, or apartment complexes.
- Negligent Maintenance: If a property owner fails to properly maintain the premises, leading to dangerous conditions such as broken stairs, faulty handrails, or unrepaired structural issues, they may be held liable for resulting injuries.
- Defective Conditions: This involves injuries caused by a defective condition on the property, such as a malfunctioning elevator, faulty wiring, or other structural defects.
- Dog Bites: Property owners, especially dog owners, may be held liable if their dog bites or attacks someone on their property. Laws regarding dog bites can vary by jurisdiction.
- Swimming Pool Accidents: Property owners with swimming pools may be liable for accidents or injuries that occur on or around the pool area, particularly if they fail to provide proper safety measures or maintain the pool adequately.
- Retail Store Accidents: Accidents in retail establishments, like supermarkets or shopping malls, may involve slip and falls, falling merchandise, or other hazards. The property owner or occupier may be held responsible for injuries.
- Amusement Park Accidents: Injuries that occur in amusement parks due to faulty rides, inadequate safety measures, or poor maintenance can result in premises liability cases.
- Trespasser Injuries: While property owners owe a lesser duty of care to trespassers, they can still be held liable if injuries are caused by intentional or willful misconduct, or if there are known hazards that could harm trespassers.
Who is Liable for a Premises Liability Accident?
Liability in a premises liability case depends on the relationship between the victim and the property owner/manager:
- Invitee: An invitee is someone who is invited onto the property for the property owner/manager's financial gain. An example of an invitee is a customer at a store. Property owners and managers owe invitees the highest duty of care and must take reasonable measures to protect them from harm. In most cases, invitees are owed a warning about a potential hazard, and the hazard must be repaired or removed within a reasonable amount of time. If a property owner or manager fails to fulfill this duty and an invitee is injured, the property owner/manager can be held liable for the invitee's damages.
- Licensee: A licensee is someone who is invited onto the property for social reasons. An example of a licensee is a guest at a party. Property owners and managers owe licensees a moderate duty of care and must warn them about any known hazards. However, they do not have a duty to inspect the property for potential dangers. If a property owner or manager fails to fulfill this duty and a licensee is injured, the property owner/manager can be held liable for the licensee's damages.
- Trespasser: A trespasser is someone who enters the property without permission. Property owners and managers have a very limited duty of care to trespassers and only need to avoid intentionally causing them harm. If a property owner or manager intentionally harms a trespasser, they can be held liable for the trespasser's damages.
In most premises liability cases, the victim is either an invitee or licensee. This means the property owner or manager has a duty to take reasonable measures to protect the victim from harm. If they fail to do so, they can be held liable for the victim's damages.
For example, if you are shopping in a store and you slip and fall on a wet floor, you are likely owed a warning about the hazard and the hazard must be repaired or removed within a reasonable amount of time. If the store owner or manager fails to put up a warning sign and you slip and fall as a result, they can be held liable for your injuries and damages.
Our premises liability attorneys in Nassau County can conduct a thorough investigation into your case to determine liability and calculate the full extent of your damages. We can then help you file a claim and aggressively advocate for your rights throughout the process.
How Our Firm Can Help You
At Sutton & Smyth, LLP, we understand how overwhelming it can be to suffer an injury on someone else's property. You may be facing a long and painful recovery, mounting medical bills, and lost wages. Our premises liability attorneys in Nassau County can help you seek the fair recovery you are owed and handle all the legal aspects of your case so you can focus on healing. We have a long track record of success and will fight tirelessly for your rights.
When you choose our firm to represent you, we will:
- Conduct a thorough investigation into your case to collect all available evidence, including surveillance footage, accident reports, medical records, and more
- Determine liability and calculate the full extent of your damages
- Handle all communication with the insurance company so you do not have to
- Aggressively negotiate with the insurance company for a fair settlement
- Prepare your case for trial and, if necessary, litigate your case in court
Our premises liability attorneys in Nassau County understand the laws surrounding these types of cases and can help you navigate the process from start to finish. We are committed to providing each and every client with the compassionate, personalized legal representation they deserve.
“Highly recommend! Thank you!”“Daniel was very knowledgeable, super attentive, and quick to inform me throughout the entire process.”- Samantha S.
“I would highly recommend this law firm.”“He continuously updated me throughout the entire process and answered all my questions.”- A. L.
“Thank you so much for listening to us when no one else would.”“Leigh Sutton & Daniel Smyth made sure that his voice was heard and he was compensated to the max!”- Mari K.
“I always felt like I was in great hands.”“My experience working with Dan was working with someone transparent, helpful, and consistent, and I'm really happy I met him when I did.”- Erin R.
“Obtained better than expected results on all cases referred...”“I am an attorney that has referred a number of sensitive cases to the attorneys at Sutton & Smyth, LLP.”- Michael L.
“Daniel made me feel at ease throughout my entire process.”“He is very knowledgeable, super attentive, and quick to inform and respond.”- Catherine M.
“This the law firm for you!”“Very good at his job and I'm beyond grateful and satisfied with the job he's done.”- Dominique McCloud
“I would absolutely recommend them!”“Extremely helpful counsel during a stressful time in my life!”- Kelly P.
$1.7 Million Property Damage Due to Fire
$775K Motorcycle Accident
$750K Ceiling Collapse in Rental Apartment
$585K Bicycle Accident Involving Taxi
$485K Sidewalk Trip & Fall